This part of the paper depicts the product which shall be distributed on the Canadian market and which shall serve as a basis for the rest the data which will be examined in the course of this paper. However, the focus will not be made on the product; the current situation indicates that the market of the commodities is considerably oversaturated in Canada. Having conducted a thorough market evaluation of the commodities which are currently represented on the Canadian market, it shall be inferred that the most advanced strategy does seem to launch a law firm in the country.
Considering the fact that the markets of production and sale of goods are already oversaturated in Canada, the choice will be made on the services segment of the market. The most reasonable choice will the one that integrally combines two important requirements of the effective business organization (Georges, 2008). In particular, the outlined business option must be unique. The proposed services are indeed exceptionally unique. It’s uniqueness is justified particularly due to the fact that similar companies does not exist in Canada yet and usually the attorneys who practice this type of the law are invited to represent the interests of the clients from the united states of America and other leaders of the international legal field.
The Nature of the Project Services
The main activity under this project is the procurement of the effective legal support for corporate entities and individuals in Canada who suffered significant damages as a result of hiring the attorneys and law firms, who legally significant actions occurred to be detrimental for the clients. The practice areas of the firm will include the legal representation of the clients, who have suffered damages as a result of the ill-conceived legal actions of their attorneys or of the law firms, which represented those clients. The clients base of the firm will include the business entities and the individual plaintiffs, i.e. the individual person who has the right to sue in Canada. Bearing in mind the fact, that approximately 80% of all legal malpractice is perpetrated in relation to the corporate clients (to illustrate the tax declarations are wrongfully completed or the activity of the firm is improperly classifies and the tax payments are calculated wrongfully, what eventually lead to the big penalties).
However, the importance of the individual clients shall not be underestimated as well, as the biggest damages are usually ruled to be paid to the favour of them. The notorious Le Bouf case , 2003 Quebec resulted in the payment of 13000 000 Canadian Dollars to the aggrieved party (Schoen, 2009). The man who sued his attorney has been wrongfully represented on the charges of the murder of first degree, and the attorney poorly studies the materials of the case. As a result, the man wrongfully spent 3 years in prison, and after a skilful professional have been hired, the justice was finally administered.
Therefore, it has become evident that whilst the majority of the clients will be corporate, the biggest damages and therefore he biggest fees can be obtained representing the individuals.Another section of the business environment will be the legal defence of the attorneys who are sued by their former clients. Although the prospective clients of this practice of the future law firm will be lawyers themselves, the legal defence against the malpractice claims is a complicated thing and the attorneys who have not been specifically trained for these purposes are not likely to arrange an effective legal representation. Therefore, it is logical and natural to assume that the lawyers, who are sued by their clients and who are the same have to handle their own pending cases will hire our firm to organize their representation.
The Geographical Location of the Project Facilities
The firm will operate in all major cities and in all provinces of Canada. The headquarters of the company will be located in Quebec, where the most lucrative business environment is present. Assuming the fact that approximately 10% of the all legally significant actions are subsequently construed as malpractice, in accordance with the recent statistical studies about 34 % of all committed malpractice is committed in Quebec (Buckley & Peter, 2007). Therefore, the main customers’ base will be located there. However, the significance of other cities located in other major provinces of Canada especially in Nova Scotia, Ontario, Manitoba, Alberta, New Found land and British Columbia shall not be underestimated by the managers of the company. As far as the location of the office premises are concerned, the leading scholars in the field of advertising highly recommend that the offices of the law firms must be invariably located in the central parts of the cities. Otherwise, the prospective clients are likely to come to the competitors of the firm.
The Reasons of the Project Success
This section of the paper outlines the reasons, why the implementation of the project will be successful and what factors of the internal and external business environment of the firm will contribute to the prosperity of the firm.
The Uniqueness of the Proposed Services
Having considered the nature of the currently available legal services, it shall be stressed that not a single company deliberately specializes in the legal malpractice civil litigation of the attorneys and firms which intently acted against the interests of the client, or whose acts shall be considered as the violation of the code of ethics of Canadian lawyers. Besides, a great variety of other attorney from abroad, specifically the lawyers from the United States of America representing the clients in Canada often violate the ethical principles and other mandatory prescriptions of the legal counselling of the USA. Legal databases indicate that the currently no more than 8 % of the all legal companies in Canada are providing similar spectrum of services (Smith, 2002). Having researched the existing business environment in Canada, it has become evident that approximately 500 law firms and an incalculable number of sole practitioners operate in the legal and auditing markets of Canada.
The main fields they operate in are civil and criminal litigation, alternative dispute resolution and arbitration, the mergers and acquisitions procedures, antitrust and labor law. Moreover, as far as the target audience of the service delivery is concerned, it shall be highlighted that more than 70% of the all legal services that are delivered in the Canadian markets are delivered to the favor of the corporate clients. In other words, the overwhelming majority of the Canadian lawyer nowadays focus entire their activity on chasing and delivering their services to the corporate clients. Overall, the legal market is completely oversaturated nowadays. The vast majority of the sole practitioners and law companies are nowadays preoccupied on how to attract the new and how to retain the existing clients. Legal malpractice has become specifically flagrant nowadays, due to the fact the fees of attorney dropped.
In order to safeguard their income, the lawyers tend nowadays to serve more clients, even of the quality of the delivered services suffer. However, the market investigation reveals the not a single firm specializing in the legal prosecution of the companies committing malpractice exist on the market does not exist presently. In other words, this niche of the market is still open to be occupied. Besides, the main advantage of this business project is the fact that currently there is a lack of professionals on the market. However, it is natural to assume that when a lawyer is given basic training in this field, almost any attorney who has been previously engaged in the general practice of the law firm can easily be trained to provide these services. However, unless the training is not provided, the quality of the delivered services will be affected.
The Absence of the Major Competitors
Nowadays, the lawyers do seem to concentrate their practice on the fields of corporate law, arbitration and litigation. Traditional corporate law fields include the Mergers and Acquisitions, Labor and Antitrust law and other practices. However, not a single firm in Canada and not a single sole practitioner concentrate their activity on the providing effective legal malpractice defense or effective legal malpractice litigation.
The Extensive Customer’s Base
The legal malpractice is becoming rampant in Canada. As it has been stipulated in the previous passages of this report, approximately 10% of all legal transactions constitute malpractice. It is natural to assume that the majority of them will ask for the counseling and for the representation of our firm. Moreover, current trends indicate that the malpractice is not be diminished in the forthcoming years , due to the
The Problems of the Project Implementation
This section of the report outlines the problems which may hinder the effective implementation of the project. Although the business project does seem to be feasible, several impediments do exist and these problems must be accentuated in order to accomplish the project successfully.
The Lack of Effective and Trained Professionals
The main problem is the alleged lack of the human resources. Whilst the best law schools exist in Canada, the majority of the lawyers in Canada are not familiar with the concepts and the ways the legal malpractice law is practiced. Therefore, before the project is launched, the attorneys of the firm shall receive substantial training and professional preparation.
The Indefinite Sources of Financing
Although the financial environment of the project has already been composed, currently it is not possible to anticipate the allocation of the uncalculated costs of the project. Therefore, providing that that the sources of finance are identified, the problem will be eliminated completely.
Canada is a state with strong democratic traditions, the country’s legislative practices derive from the unwritten conventions and precedents set by the United Kingdom’s Westminster Parliament. There are two dominant political parties (Conservative and Liberal). Canada is considered by most sources to be a very stable democracy. In 2006 The Economist ranked Canada the third most democratic nation in its Democracy Index. The state is very stable in terms of political stability, with the exception of an ongoing conflict between the French-speaking majority in Quebec and the English-speaking majority in the rest of Canada. However, it doesn’t by any means threaten legal businesses in the country.
Overall, the political situation is auspicious for legal malpractice litigation businees, as there are no major objections, which could negatively affect it.
Canada has the eleventh-largest economy in the world (measured in US dollars at market exchange rates), is one of the world’s wealthiest nations, and is a member of the Organization for Economic Co-operation and Development (OECD) and Group of Eight (G8), is among the top ten trading nations in the world. Canada has one of the highest levels of economic freedom in the world. Canadian inflation rate is a non-issue for the Canadian economy, being at a stable low level (Inflation (CPI) 1.6% (2010 est.))Nearly 70% of Canada’s Gross Domestic Product (GDP) is contributed by its service sector,which employs over 75% of the country’s population. The country’s agriculture sector contributes only 2% of the GDP, employing a similar proportion of its people.The North American nation’s industry contributes nearly 28% of its GDP, while employingaround 27% of its population.
The country’s services segment includes retail, communication,real estate, financial services, health and education entertainment, technology and tourism. Alarge portion of the country’s natural resources, including oil, gold, nickel and uranium andagricultural products like wheat and other grains, are exported to the US, Europe and East Asia.Canada resembles the US in its market oriented economic system, pattern of production andaffluent living standards. The impressive growth of Canada’s manufacturing, mining and servicesegments since World War II have transformed the North American nation from an agrarian economy to one with a highly industrial and urban economic structure.
Low labor costs and a comprehensive health care and social security system have attracted automobile majors from the US and Japan to set up manufacturing facilities in Canada.Canada’s trade and economic integration with the United States has witnessed a dramaticincrease, following the signing of the 1989 US-Canada Free Trade Agreement (FTA) and the1994 North American Free Trade Agreement (NAFTA). The US is Canada’s largest trading partner, besides being its largest foreign investor through investments in mining, smelting, petroleum, chemical and machinery segments. This has linked the Canadian economic policy even more to the United States. Even a minor change in the US interest rates has repercussions inCanada.One important distinction between the economic structures of Canada and the US is that the former is a net exporter of commodities while the latter is a net importer. Canada’s banking segment is also quite conservative in comparison to the United States.
The average family income in 2000 was $66,160 (Robert, Dana, 2009); Top 20% of families receive 43.6% of theincome, while the bottom 20% receives only 5.2% of the income. This level of inequality has been maintained for 45 years. Clearly, Canada has less income disparity than the United States
Education is an important determinant of labor force participation, occupation and income, and itis highly valued in Canada and other industrial societies. Although education is generallyconceived to be a right, there has not always been equal participation by women. Lately, womenhave completed more schooling than men.
Women earn less income, accumulate less wealth and enjoy less occupational prestige than men.
Social Aspect of the Project Environment
The Upper Class
3 to 5% of Canadians fall into this class. Much of their wealth is inherited, their children go to private schools and they exercise great power in occupational positions. Although this group has historically been primarily of British origin, it is now more widely distributed.
The remaining 2-4% falls into the lower-upper level and depend more on earnings than inherited wealth.
The Middle Class
Roughly 40-50% of the Canadian population falls into this category. Because of its size it has tremendous influence on patterns of North American culture. There is considerable racial and ethnic diversity in this class and it is not characterized by exclusiveness and familiarity. The top half of this category is termed the “upper-middle” class with family incomes of $50,000 to $100,000 earned from upper managerial or professional fields. The rest of the middle class (average middles) typically work unless prestigious white-collar occupations or highly skilled blue-collar jobs (Tavidze, 2007).
The Working Class
This class comprises about one-third of the population Have lower incomes than the middle-class and virtually no accumulated wealth. Their jobs provide less personal satisfaction.
The Lower Class
The remaining 20% of our population is identified as the lower class. In 2001 roughly 15% of the Canadian population was labeled as poor. Many are supported entirely by welfare payments while others are among the «working poor” whose incomes are insufficient to cover necessities like food, shelter, and clothing.
The Poverty in Canada
Approximately 4.4 million Canadians live below the “poverty line,” that point below which people spend approximately 55% of pre-tax income on food, clothing, and shelter. A recentUnited Nations report has criticized Canada for making no measurable progress in alleviating poverty (Qarter, 2009). A “wealthy” society finds 2 million people regularly making use of food banks and soupkitchens.Children are more likely to be poor than any other age group. 15.6% of people under the age of eighteen are officially classified as poor. Canada is on average very low but improves over timeas they acculturate to Canadian society.The poverty rate for the elderly has been declining but as the boomers retires; we will see a risein the absolute number of elderly poor (Schoen, 2009).
Technological Aspect of the Project Development
The internet becomes an important source of information, marked by the popularity of such sites as Google Earth. Many articles have been contributed to both the English andFrench language versions of Wikipedia by Canadians and many of these relate to importantaspects of Canadian life. There are thousands of Canadians who use the service every day in bothEnglish and French. Google Earth, a virtual globe, is an on-line feature offered by Google since2005. It provides aerial views of the earth, including Canada and is viewed by thousands of webusers every day including many Canadians. Another internet information service, a telephonedirectory, Canada 411.ca has become very popular since introduced in recent years, so much so that the delivery of the residential paper telephone book which was introduced to Canada in1878, will cease in major cities in 2010.
Digital Communication / HD TV (Delivery)Two Toronto-based companies, Sirius Canada and XM Canada introduced direct-to-home/car,digital satellite radio service in December 2005 and by 2008 had 750,000 and 400,000subscribers respectively. In 1999 Telesat launched the first of four Nimiq direct broadcastsatellites which provide the space-based satellite transmitters for these services.In 2003 Bell Canada introduced an improved speech recognition system for its 310-2355customer routing service in Ontario. Bell Canada users speak with the programme through”Emily” a young female-sounding artificial voice. In 2005, Skype, a voice-and-moving-picture-over-internet technology became available to users around the world, including Canadians. Thetechnique, which bypasses the traditional telephone network, allows people to use the internet asa type of telephone and to both talk to and see each other during calls. It is used mainly for long-distance communication.
The University of Montreal has recently experimented with ways to improve the administrationof justice by creating a digital court room in which mock trials are held using modern technologyto speed the proceedings. The “courtroom” has facilities for filing documents electronically.Witnesses can testify by video link or holographic ally from a remote location. Documents can be served on parties through social media. According to those involved with the project, barriersto its application in real courtroom settings are not technological but rather emotional, with judges and lawyers being resistant to change.
Environmental Aspect of the Project Development
Environment Canada, which is legally incorporated as the Department of the Environment under the Department of the Environment Act is the department of theGovernment of Canada with responsibility for coordinating environmental policies and programsas well as preserving and enhancing the natural environment and renewable resources (Griffin, Ebert, 2002).Duties includes(a) the preservation and enhancement of the quality of the natural environment, including water,air and soil quality; (b) renewable resources, including migratory birds and other non-domesticflora and fauna; (c) water; (d) meteorology; (e) the enforcement of any rules or regulations made by the International Joint Commission; and (f) the coordination of the policies and programs of the Government of Canada respecting the preservation and enhancement of the quality of thenatural environment.Under the
Canadian Environmental Protection Act
Environment Canada became the lead federal department to ensure the clean up hazardous waste and oil spills. Thedepartment is also responsible for international environmental issues (e.g., Canada-USA air issues).Under the Constitution of Canada, responsibility for environmental management in Canada is ashared responsibility between the federal government and provincial/territorial governments(Buckley, Peter, 2007). For example, provincial governments have primary authority for resource management including permitting industrial waste discharges (e.g., to the air). The federal government is responsible for the management of toxic substances in the country (e.g., benzene). Environment Canada provides stewardship of the Environmental Choice Program, which provides consumers with aneco-labeling for products manufactured within Canada or services that meet international labelstandards of (GEN) Global Eco labeling Network.Environment Canada continues (2005-present) to undergo a structural transformation tocentralize authority and decision-making, and to standardize policy implementation.
Legal Environment of the Future Project
The Canadian legal system has its foundation in the British common law system, inherited from being a former colony of the United Kingdom and later a member of the Commonwealth of Nations (Qarter, 2009). Quebec, however, still retains a civil system for issues of private law. Both legalsystems are subject to the Constitution of Canada.Legal structure of the country consists of Legal traditions which include 2 main and some other areas of laws (Georges, 2008).
All provinces and territories within Canada, excluding Quebec, follow the common law legaltradition. Equally, courts have power under the provincial
Only the Supreme Court of Canada has authority to bind all courts in the country with a singleruling (Tedds, 1998). The busier courts, such as the Court of Appeal for Ontario, for example, are often lookedto for guidance on many local matters of law outside the province, especially in matters such asevidence and criminal law.Due to Canada’s historical connection with the United Kingdom, decisions of the House of Lords before 1867 are technically still binding on Canada unless they have been overturned bythe Supreme Court of Canada, and Canada is still bound by the decisions of the Privy Council before the abolishment of appeals to that entity in 1949 ( Tavidze, 2007).Criminal offences are found within the Criminal Code of Canada or other federal/provinciallaws, with the exception that contempt of court is the only remaining common law offence inCanada.
For historical reasons, Quebec has a hybrid legal system. Private law follows the civil lawtradition, originally expressed in the Coutume de Paris as it applied in what was then NewFrance. Today, the jus commune of Quebec is codified in the Civil Code of Quebec. As for public law, it was made that of the conquering British nation after the fall of New France in1760, which is the common law (Smith, 2002).It is important to note that the distinction between civil law and common law is not based on thedivision of powers set out in the Constitution Act, 1867. Therefore, legislation enacted by the provincial legislature in matters of public law, such as the Code of Penal Procedure, should beinterpreted following the common law tradition. Likewise, legislation enacted by the federalParliament in matters of private law, such as the Divorce Act, is to be interpreted following thecivil law tradition and in harmony with the Civil Code of QuebecGrowth in spending power.